Terms and Conditions

Website usage and purchase of programmes and products

IMPORTANT:

Please read these Terms and Conditions of Service (“Terms”, “Terms and Conditions”) carefully before using this Website or making your purchase. By submitting a payment through tamjohnston.com (or any of its subdomains including programs.tamjohnston.com) you are agreeing to these terms and conditions.

GENERAL TERMS AND CONDITIONS

INTRODUCTION

The following Terms of Use are entered into by and between You and Tam Johnston Ltd. (“Company”, “we”, or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of tamjohnston.com and its subdomains, including any content, functionality and services offered on or through tamjohnston.com (the “Website”), whether as a guest or a registered user. For the purposes of these Terms, the definition of Website includes our other online platforms or social media channels.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

PRIVACY

These Terms and Conditions (“Terms”) along with our Privacy Policy for tamjohnston.com or our Privacy Policy for our subdomain programs.tamjohnston.com set out the basis on which we provide access to our Website and the provision of any services or products to you through our Website and/or our associated social media channels or groups. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you are under 18, or you do not have the mental capacity to understand and accept these Terms, then you should not access or use our Website.

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorised access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY

You may only use and access our Website and our social media channels in a way which is lawful and in accordance with these Terms and in particular: you must ensure that you comply fully with any applicable local, national and international laws, guidance and regulation; you must not use our Website or other social media channels in a way which is unlawful and/ or fraudulent; you must not use our Website or any of our social media channels to transmit data that contain any form of virus, malicious software, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or code which is designed to cause damage or could have an adverse effect on any computer hardware or software.

You must not use our Website or any of our social media channels in any way that will, or is intended to, cause upset, distress or harm to any individual in any way.

You must not try to gain unauthorised access to our Website or any social media channels or any computer hardware or software connected to our Website.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.

The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised by these Terms.

You are permitted:

To view the Website in a web browser; to download or print any free resources which are explicitly marked suitable for download; to download the Website or parts of it for caching; to post to our Website where such posting is permitted. In such cases, posting shall include but not be limited to, posting your original content, commenting on posts or in response to emails, commenting on social media live streams or videos. Where you choose to post any information on our Website or social media channels you are representing that you are at least 18 years of age. We shall not be responsible for reviewing or confirming the accuracy of any Content posted by you;

In the event of any breach of this clause, we reserve our right to immediately terminate your use and access of our Website along with the immediate termination of any services which you may have purchased from us, without refund. You will also be required to destroy any copies of Content or Materials which you hold. We also reserve the right to take action in respect of your breach to the full extent of the law.

Where we offer a free resource on our Website, whether this is offered as a free gift or in exchange for your personal information, by viewing or downloading that free resource you accept and understand that it is only to be used for your own personal benefit and should not be copied, altered, distributed or otherwise shared.

MATERIALS PROVIDED TO THE WEBSITE

The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat your Submission and sell the content or your Submission in whole or in part and to publish your name in connection with your Submission.

By posting this Submission you are agreeing to waive your intellectual property rights in relation to the content you post. We are under no obligation to identify you or otherwise credit you as the author of any content which you post and which we may choose to use.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Where you choose to post you Submission as set out above, you agree that anything you post is:

Accurate (where facts are stated); and genuine (where opinions are stated); and compliant with any applicable law and that you will not post any content or information which could cause damage, harm, upset or distress to another user of our Website or social media channel or that may cause damage to our business or reputation.

In the event it is determined that you have posted any content or information in breach of this sub-clause then we reserve the right to remove such content immediately, to terminate your access to our Website and/or our social media channels and to take such action as is necessary to the full extent of the law.

We reserve the right to suspend or terminate your access to our Website or our social media channels where we determine that you are in material breach of this Clause or any other conditions contained within these Terms and Conditions. We further reserve the right to disclose your identity to any relevant third party and to take legal proceedings against you for reimbursement of any costs we incur as a result of your breach.

Links to this site or any of its subdomains

You may link to our Website provided the following conditions are met: You have obtained our written permission and abide by any and all of our requests for usage of the link; the link is undertaken in a fair manner; the link is owned by you; the link is not unlawful and does not damage our reputation or seek to take advantage of it; the link does not suggest or imply any form of association, partnership, approval or endorsement on our part where none exists; and. you do not use any images, logos, trademarks, branding details or other content displayed on our Website without our express written permission.

We reserve the right to withdraw our permission to allow links to our Website at any time and for any reason. In the event that we exercise our discretion to withdraw such permission then, upon request, you agree to immediately remove any links to our Website.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

ACCURACY AND PERSONAL RESPONSIBILITY

As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

NO GUARANTEES AS TO RESULTS

As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognise that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

EMAIL AND OTHER ELECTRONIC COMMUNICATIONS

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

LINKS TO THIRD PARTY WEBSITES AND SERVICES

The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.

Certain services made available via the Website are delivered by third-party Websites and organizations. By using any Product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested Product, service or functionality on behalf of the Website’s users and customers.

USE OF TEMPLATES AND FORMS

The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorised use.

By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

USE OF FREE DOWNLOADABLE CONTENT

The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.

By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

USE OF PAID COURSES, PROGRAMMES, PRODUCTS AND ASSOCIATED MATERIAL

The Company from time-to-time provides various courses, programmes, products and associated material for sale on this Website and/or our associated social media channels or groups. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, services, programs, courses, products and associated material (collectively the “Programme or Product”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Programmes or Products in any manner.

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. If you purchase a particular Programme or Product or other Service then you may be asked to agree to separate Terms and Conditions which are specific to that Programme, Product or Service. Should a dispute or conflict arise then any separate terms that are agreed will take priority over these Terms.

Your access to and use of the Program or Product is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Programme or Product. If you disagree with any part of the terms then you do not have permission to access the Programme or Product.

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Programme or Product, which provides education and information. The information contained in the Programme or Product, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

Price

The total price (“the Price”) for the Programme or Product is set out on the relevant sales page, order page and form at the time of your purchase.

You agree to make a single payment for the overall price of the Order, which shall be due and payable before you will be granted access to the Programme or Product.

Your purchase of our Programmes and Products

When you place an order to purchase any of Programmes or Products (“Order”), you are confirming that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.

Effective Date

Your purchase of Program or Product is a contractual offer that we may choose to accept. Our legally binding agreement shall commence and be enforceable with respect to each Programme participant upon the date that the participant initially registers for the Programme.

This Agreement shall commence and be enforceable at the time of your purchase of any Product and acceptance of these terms at the time of purchase.

If your Order is not accepted, we will notify you by email and provide a full refund.

If your purchase includes digital content or other content available for immediate access or download, then when you place your Order you acknowledge that by receiving immediate access that you will lose any right you may have to cancel your Order other than as set out within these Terms. Please see our refund policy, below, for further details.

If we become aware that a Programme on our Website is incorrectly priced, where the correct price is lower than the price shown on our Website, we shall charge the lower amount. Where the item’s correct price is higher than the price shown on the Website, we shall contact you to ask whether you wish to proceed with your purchase at the correct, higher price, or we shall reject your Order and notify you that your Order has been rejected.

Where a pricing error exists and that error is obvious, unmistakable and could have been reasonably recognised by you then we shall have no liability or obligation to provide the Programme to you at the lower, incorrect price.

Refund Policy

All sales are final, and unless otherwise stated as part of a particular Program or Product, the Company does not offer any money-back guarantees. You recognise and agree that you shall not be entitled to a refund for any purchase under any circumstances.

In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. If you have any concerns with a Programme then you agree to notify us in accordance with these Terms. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms and you shall indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of £100 per hour.

If you purchase any of our Programmes or Products as a consumer then you will be entitled to a 14-day cooling off period which begins from the date of our confirmation email as set out above.

If you wish to cancel your order within the cooling off period then you will be entitled to do so by providing us with notice in writing to support@tamjohnston.com. Upon receipt of your notice of cancellation then we shall cancel your order and upon return of the Product or cancellation of your access to the Programme we will provide you with a full refund.

Please note that in relation to some Programmes and Products you will have the opportunity to receive immediate access to the Programmes and Products or access before the 14-day period cooling off period referred to above has expired. Where you choose to access the Programme and Product immediately, or before the 14-day cooling off period has expired, you acknowledge that you will lose your right to cancel your Order in accordance with this clause. This does not affect any other rights you may have as a Consumer.

When cancelling in accordance with the clause above, you will be responsible for returning your purchased Product to us in the same condition it was supplied to you and you will be responsible for all costs of returning it to us. We shall only process a refund due to you once we safely receive your returned Product in an unused and undamaged condition.

If you experience a fault or other issue with any of our Programmes, Services or Products please let us know immediately by email to support@tamjohnston.com. We shall use our best endeavours to remedy the fault and where we are unable to fix it then you may be entitled to a full or partial refund. We will not be liable where there is a fault and we have provided you with an update or instructions which you have failed to follow or implement. For further information concerning your rights as a consumer please contact your local Citizens Advice Bureau.

The Programme or Product

Details of our Programmes and Products can be found on our Website. The Program or Product you purchase shall be delivered in accordance with the details displayed on the relevant sales page at the time your purchase is made.

All images shown on our Website are for illustrative purposes only and any sizes or dimensions are approximate. We accept no liability for colours not matching the colour displayed on your viewing monitor.

As part of the Programme, the Company shall provide the following to Client.

Access To Programme or Download Area – The Company shall maintain a Programme Area or Product Download Area that may include lessons, forms, worksheets, checklists, purchased downloads and other information. You shall have access to this Programme or Download Area for a period of 12 months from the date of purchase/for as long as the Programme or Download Area exists.

Ownership Of All Intellectual Property

All content included as part of the Programme or Product, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Programme or Product, is the property of the Company or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights of both the United Kingdom and foreign countries.

The Company name, the Company logo, the Company slogan, and all related names, logos, Product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, Product and service names, designs and slogans in the Programme or Product are the trademarks of their respective owners.

Your participation in the Programme does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Programme, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Programme content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Programme.

The Company content is not for resale. Your participation in the Programme does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Programme will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Confidentiality

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement.

Personal Responsibility

By participating in the Programme or using the Product, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Programme or Product, or not. The Company provides educational and informational resources that are intended to help participants in the Programme or users of the Product succeed. You nevertheless recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognise that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles included in the Programme or Product are no guarantee that you or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Programme or Product. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Programme or Product.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Programme.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Programme or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Materials Provided By You During The Programme

The Company does not claim ownership of the information or materials You may provide during the Programme (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).

However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Programme – in the Programme and other marketing material going forward.

Guests

The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.

No Warranties

Your use of the Programme or Product is at your sole risk. The Programme or Product is provided on an “AS IS” and “AS AVAILABLE” basis. The Company makes no warranties regarding the performance or operation of the Programme or Product, including any technological aspects of the Programme or Product. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programmes, products, books, or services included in or through the Programme or Product. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Programme or Product and/or any information and resources contained in the Programme or Product. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Programme or Product.

The information, software, products, and service included or available through the Programme or Product may include inaccuracies or typographical errors. Changes are periodically added to the information in the Programme or Product. The Company and/or its suppliers may make improvements and/or changes in the Programme or Product at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Programme or Product for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Programme or Product, with the delay or inability to use the Programme or Product or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Programme or Product, or otherwise arising out of the use of the Programme, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with the Programme or Product or any portion of it, your sole and exclusive remedy is to discontinue using the Programme or Product.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Programme or Product and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Programme or Product and the related services or any portion thereof at any time, if You become disruptive to the Company, if You fail to follow the Programme or Product guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees in the event of such termination.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

Entire Agreement

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Programme or Product, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Programme or Product. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force Majeure

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

INTERNATIONAL USERS

The Service is controlled, operated and administered by the Company from our offices within the UK. If you access the Service from a location outside the UK, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

CONTACT US

Tam Johnston Ltd. welcomes your questions or comments regarding the Terms:

Tam Johnston

Suite 163, 2 Lansdowne Row, Berkeley Square, Mayfair, London, W1J 6HL

Email Address: support@tamjohnston.com

Effective as of March 19, 2020